Turner v. Ark. Dep't of Human Servs. ( 2015 )

Cite as 2015 Ark. App. 434
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-15-199
Opinion Delivered September 2, 2015
ERIKA TURNER APPEAL FROM THE GARLAND
APPELLANT COUNTY CIRCUIT COURT
[NO. JV-2013-578]
V.
HONORABLE VICKI SHAW COOK,
JUDGE
ARKANSAS DEPARTMENT OF
HUMAN SERVICES AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED
M. MICHAEL KINARD, Judge
This is an appeal from an order terminating appellant’s parental rights to her two minor
children, then ages six and ten. The children were removed from appellant’s custody in
September 2013 after appellant choked the children, beat up her mother, and was arrested for
possession of a controlled substance, leaving the children with no appropriate caregiver.
Appellant’s parental rights were terminated in December 2014 on findings by clear and
convincing evidence that termination was in the children’s best interest and that multiple
statutory grounds existed, including (1) that, subsequent to the original petition, other factors
had arisen demonstrating that parental custody would be contrary to the children’s health,
safety, and welfare, and that appellant had manifested the incapacity or indifference to remedy
the subsequent issues, Ark. Code Ann. § 9-27-341(b)(3)(B)(vii)(a) (Supp. 2013); and (2) that
appellant had subjected the children to aggravated circumstances in that the court found that
Cite as 2015 Ark. App. 434
there was little likelihood that services to the family would result in successful reunification,
Ark. Code Ann. § 9-27-341(b)(3)(B)(ix)(a)(3). There was evidence that appellant failed to
comply with major parts of the case plan, that she continued to abuse controlled substances
for many months after the children were removed from her custody, that she tested positive
for methamphetamine while the children were with her in a trial placement, that she had pled
guilty to drug charges and been placed on probation just two months before the termination
hearing, that she had not maintained regular contact with appellee, that she had not
maintained stable employment or housing, and that the children were adoptable.
Appellant’s attorney has filed a motion to be relieved as counsel and a no-merit brief
pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d
739 (2004), and Arkansas Supreme Court Rule 6-9(i), asserting that there are no issues of
arguable merit to support the appeal. Counsel’s brief contains an abstract and addendum of
the proceedings below, details all adverse rulings made at the termination hearing, and
explains why there is no meritorious ground for reversal. The clerk of this court sent copies
of the brief and motion to be relieved to the appellant, informing her of her right to file pro
se points for reversal under Rule 6-9(i)(3). Appellant has not filed a statement.
From our review of the record and the brief presented to us, we conclude that counsel
has complied with Rule 6-9(i) and that the appeal is wholly without merit. Accordingly, we
affirm the termination order and grant the motion to withdraw.
Affirmed; motion to withdraw granted.
HARRISON and GLOVER, JJ., agree.
Suzanne Ritter Lumpkin, Arkansas Public Defender Commission, for appellant.
No response.
2